Eligible Tranche definition
Examples of Eligible Tranche in a sentence
For all purposes hereunder, Conversion Eligible Tranches shall be converted (or redeemed, as applicable) in order of the lowest-numbered Conversion Eligible Tranche and Conversion Eligible Tranches may be converted (or redeemed, as applicable) in one or more separate Conversions (as defined below), as determined in Lender’s sole discretion.
At all times hereunder, the aggregate amount of any costs, fees or charges incurred by or assessable against Borrower hereunder, including, without limitation, any fees, charges or premiums incurred in connection with an Event of Default (as defined below), shall be added to the lowest-numbered then-current Conversion Eligible Tranche.
In furtherance thereof, in the event Borrower has repaid all Conversion Eligible Tranches pursuant to the terms of this Note, it shall have no further obligations to deliver any Installment Amount to Lender unless and until any Subsequent Tranche that was not previously a Conversion Eligible Tranche becomes a Conversion Eligible Tranche pursuant to the terms of this Note.
Notwithstanding the foregoing or anything to the contrary herein, Borrower shall only be obligated to deliver Installment Amounts with respect to Tranches that have become Conversion Eligible Tranches and shall have no obligation to pay to Lender any Installment Amount with respect to any Tranche that has not become a Conversion Eligible Tranche.
Subject to the terms and conditions contained in this Agreement, each Lender agrees to make loans ("Tranche C Loans") to Borrower to finance the draws advanced from time to time by Borrower pursuant to Eligible Tranche C Mortgage Loans.
Subject to the terms and conditions of this Agreement, the Eligible Tranche of the Executive's RSU award that vests in accordance with this Exhibit A will be settled by delivery of shares of the Company's common stock on the applicable vesting date, as provided by the Executive's applicable award agreement.
If the Achieved CGM is at or above the CGM Target Ceiling, then all of the unvested Performance RSUs in that Eligible Tranche will vest.
Upon the termination of this Agreement or the expiration of the Standstill Period, among other rights, Lender shall have the right to convert all or any portion of the Outstanding Balance that is part of a Conversion Eligible Tranche and Borrower shall be obligated to pay any required Installment Amounts to Lender, all in accordance with the terms of the Note.
As a result of such payment, Borrower acknowledges that Lender will have all rights and benefits associated with such payment under Buyer Note #4, the Note, and all other Transaction Documents, including without limitation that such payment, and the OID corresponding to such amount, shall be deemed to be conversion eligible (and thus, part of a Conversion Eligible Tranche) under the third paragraph of the Note as of the date of such payment to Borrower.
If at any time the Share Reserve is insufficient to effect the full conversion of any Conversion Eligible Tranche and exercise of the Warrant, the Company shall immediately increase the Share Reserve accordingly.